JUDGING WALKER

Yesterday, Chief Judge James Ware of the U.S. District Court for the Northern District of California heard arguments on a motion to invalidate former U.S. District Court Chief Judge Vaughn Walker's landmark ruling striking down Proposition 8.

American Foundation for Equal Rights covered all the courtroom action. Below, the group tweeted throughout the day.

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            Court is adjourned. Press conference to follow. #prop8
            Ware: "It is my intent to give you a written decision quickly. I'd like to say by about 24 hours, but you know how that goes."#prop8about 18 hours ago via HootSuite
         2. C: "We would not be here today but for the disclosure of the long term relationship. ... So that explains the timing." #prop8about 18 hours ago via HootSuite
         3. Cooper sums things up: "The fact that he didn't disclose it is a fact." #prop8about 18 hours ago via HootSuite
         4. Ware says that WHAT is disclosed is a basis, asks if WHETHER should be a basis. #prop8about 18 hours ago via HootSuite
         5. TS: "Whether the relationship is 2, 10, or 30 years, the court can't speculate about what's the nature of the relationship and the intent."about 18 hours ago via HootSuite
         6. TS points out that we don't know if Walker is married or not. Cooper is asking the court to make wild speculation about relationship. #prop8about 18 hours ago via HootSuite
         7. TS: "These kinds of inquiries into people's intimate lives are not required. There is no disclaimer requirement." #prop8about 18 hours ago via HootSuite
         8. TS: Proponents are asking for a legal test that simply doesn't exist. #prop8
         
         
         SF Chief Deputy City Atty Therese Stewart is up, addressing standards for requiring recusal. Very technical legal nitty-gritty. #prop8
         
         Ware: "...once you start trying a case, it's okay to be biased, since that's what's going on! They're trying to persuade you."#prop8about 18 hours ago via HootSuite
      2. @andrewdaar No, this hearing is not being recorded or being broadcast.about 18 hours ago via HootSuite in reply to AndrewDaar
      3. Ware trying to define what a "reasonable person" is. Someone who understands law and constitution? Boutrous says yes.#prop8
      
      
      B: "A reasonable person looking at Judge Walker would absolutely reject the notion that he was anything but impartial and fair." #prop8about 18 hours ago via HootSuite
   2. Boutrous points out that we wouldn't have so much debate about judge's fairness if we could see his fairness on the trial tapes. #prop8about 18 hours ago via HootSuite
   3. Ware asks what basis compels recusal. Boutrous cites familial relationship and large campaign contributions as examples.#prop8about 18 hours ago via HootSuite
   4. B: "We assume all federal judges are going to judge cases based on the law." #prop8about 19 hours ago via HootSuite
   5. B: "We've never argued or would argue that judges need to disclose their religious affiliation." #prop8about 19 hours ago via HootSuite
   6. B: "Courts have ... rejected efforts to recuse a judge based on ... membership in a minority group [whose] rights are at stake." #prop8about 19 hours ago via HootSuite
   7. B: "They say they didn't want to make their argument earlier because they didn't want to speculate. They're speculating now!" #prop8
   1. Ware and Boutrous are taking a scenic tour though the last few decades of recusal precedent. #prop8about 19 hours ago via HootSuite
   2. Boutrous: "They are advocating a new standard that is extraordinarily extreme." #prop8about 19 hours ago via HootSuite
   3. B: "The proponents of Prop 8 are unreasonable.No reasonable person would call into question a judge's impartiality because of their gender."about 19 hours ago via HootSuite
   4. Boutrous says that no, you cannot be both biased and reasonable. Reasonableness is infused with constitutional protection. #prop8about 19 hours ago via HootSuite
   5. B:"They don't have a single case that supports them.They don't have single case that suggests disclosure should have been made here." #prop8about 19 hours ago via HootSuite
   6. Boutrous says the standard for asking for recusal after judgement and appeal is very high & Cooper does not meet those standards. #prop8about 19 hours ago via HootSuite
   7. Ware says that he is not inclined to use timeliness as a basis for denying motion to vacate. #prop8about 19 hours ago via HootSuite
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   8. Boutrous: "They've shown extreme lack of diligence." #prop8
   
   
   
   B: "You can't lay in wait, lay in the weeds until you are disgruntled litigant and you've lost, and then raise these issues." #prop8about 19 hours ago via HootSuite
2. B: Proponents had an obligation to "look Judge Walker in the eye" and discuss recusal, not wait until after his retirement.#prop8about 19 hours ago via HootSuite
3. Boutrous quotes proponents from last year, saying that they wouldn't raise sexual orientation as an issue. #prop8http://ow.ly/5gFcBabout 19 hours ago via HootSuite
4. B: "It's not some news flash that the judge is in a same-sex relationship. ... They are challenging Judge Walker because he's gay." #prop8about 19 hours ago via HootSuite
5. Boutrous accuses Cooper of "stereotyping" by saying that Walker's situation is indistinguishable from that of other gay people. #prop8about 19 hours ago via HootSuite
6. Boutrous: "Their motion is targeting Judge Walker's sexual orientation. No matter how they try to camouflage it and dress it up." #prop8about 19 hours ago via HootSuite
7. We're back. Boutrous says motion is "frivolous." #prop8about 19 hours ago via HootSuite
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8. Clarifying typo: we should have typed "Ware," not "Walker."http://ow.ly/5gEta

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   1. Court taking a 15-minute break. Judge thanks Cooper for his "struggle" to answer questions. #prop8about 19 hours ago via HootSuite
   2. C: "If he had no interest in marrying his partner, he would have to disclose that." Ware: "The lack of interest?" C: "Yes." Laughter.about 19 hours ago via HootSuite
   3. Cooper begins, "if [Walker] concluded that he did not have a desire to marry--" Ware: "He wouldn't have to conclude it, he would know!"about 19 hours ago via HootSuite
   4. Ware asks if a judge doesn't consider info relevant to parties, he isn't required to disclose? Cooper says no, not required.#prop8about 20 hours ago via HootSuite
   5. Ware asks if a judge who has been sexual assault victim would be required to disclose her victim status in a case regarding rape. #prop8
   
   
   Ware: "You can't simply assume that a judge who takes an oath to uphold the law and judge fairly is incapable of doing so." #prop8about 20 hours ago via HootSuite
2. Ware: "Is there such as thing as a reasonable bigot?" Cooper: "I have never seen a court speak to..." "Neither have I, I'm asking YOU."about 20 hours ago via HootSuite
3. Ware: "Is it reasonable to make a judgement about a judge based upon a bias?" Long pause. Cooper says he doesn't understand. #prop8about 20 hours ago via HootSuite
4. Ware: "to say that he maintained a longterm relationship doesn't put him in the shoes of what the plaintiffs were doing." #prop8about 20 hours ago via HootSuite
5. Ware: "What fact would you cite to the court that Judge Walker had an interest in changing his relationship [into a marriage]?" #prop8about 20 hours ago via HootSuite
6. Cooper: "There are platonic friendships that are long-term in nature that do not normally lead to marriage." Courtroom laughs. #prop8about 20 hours ago via HootSuite
7. Ware: "You can be in a long term relationship without it being for the purposes of marriage." #prop8about 20 hours ago via HootSuite
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8. Ware asking how Cooper knows that Walker would want to get married. #prop8

1. Ware asks if an insubstantial non-financial interest would require a judge to recuse. Cooper says that it would not.#prop8about 20 hours ago via HootSuite
2. Ware disagrees with Cooper's understanding of recusal rules.#prop8about 20 hours ago via HootSuite
3. Cooper says that they do not argue that Judge Walker had a financial interest in the case. #prop8about 20 hours ago via HootSuite
4. regarding *this motion, that should be. Referring to motion to vacate Walker's ruling. #prop8about 20 hours ago via HootSuite
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5. Cooper: "We approach the court awkwardly and not at all welcoming the opportunity to make an argument regarding his motion." #prop8

1. Walker says he plans to deny Cooper's request that the tapes be taken away from plaintiffs. #prop8about 20 hours ago via HootSuite
2. TS: The proponents questioned judge's fairness, but then tried to hide from public view how fairly he conducted the trial. #prop8

1. Therese Stewart now speaking about videotapes ...about 20 hours ago via HootSuite
2. Boutrous points out that Proponents' questions about Walker's recusal would make videotapes even more useful to the public. #prop8about 20 hours ago via HootSuite
3. Boutrous: "Mr Cooper has now conceded that the protective order did not apply to Judge Walker." #prop8about 20 hours ago via HootSuite
4. Boutrous: "As Judge Walker made clear ... he relied on the videotape in his preparation of his ruling." #prop8about 20 hours ago via HootSuite
5. Ware asking Boutrous if protective order allows plaintiffs to use the tapes for appeal. Boutrous says yes. #prop8about 20 hours ago via HootSuite
6. Boutrous: "this is an important judicial record, which we have found extraordinarily useful." #prop8about 20 hours ago via HootSuite
7. Cooper responds: "We would not consider that an issue for your recusal." #prop8about 21 hours ago via HootSuite
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8. Ware just revealed that he presided over the ceremony where Walker was given the tapes. #prop8

1. Ware asks who else has a copy. Cooper says just plaintiffs and intervenors, not aware of any others. #prop8about 21 hours ago via HootSuite
2. Ware: "I can make a judgment about a lot of things, but it's not my business" whether the appellate court uses tapes.#prop8about 21 hours ago via HootSuite
3. Ware asks why Cooper is coming to him with this argument -- why not address the appellate court, since that's where tapes would be used?about 21 hours ago via HootSuite
4. Cooper is arguing that ALL parties must return tapes -- and should not be allowed to use them for appeal. #prop8about 21 hours ago via HootSuite
5. Cooper arguing that the protective order must limit use of videotapes to parties within the court. #prop8about 21 hours ago via HootSuite
6. After the #prop8 hearing, @AFER will be holding a press conference and our attys will be taking questions from Twitter. RT your question.about 21 hours ago via HootSuite

1. Walker has returned the tapes for now, but Ware says he may rule that Walker is in fact entitled to have them. #prop8about 21 hours ago via HootSuite
2. Ware has decided to "bifurcate" the video issue; will first consider return of tapes, then unsealing of tapes. #prop8about 21 hours ago via HootSuite
3. Proponents' attorney Charles Cooper will present arguments with respect to both motions. #prop8about 21 hours ago via HootSuite
4. Judge Ware will hear videotape motion first, then motion to vacate. #prop8about 21 hours ago via HootSuite
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5. Judge Ware entering now.about 21 hours ago via HootSuite